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CFR Citation: 40 CFR Part 180

EPA ID: [EPA-HQ-OPP-2006-0995; FRL-8134-6]

NOTICE: RULES

ACTION: Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

DOCUMENT ACTION: Final rule; technical amendment.

SUBJECT CATEGORY: Pendimethalin; Pesticide Tolerance Technical Amendment

DATES: This final rule is effective November 16, 2007.

DOCUMENT SUMMARY: EPA issued a final rule in the Federal Register of May 16, 2007, concerning the establishment of tolerances for combined residues of pendimethalin and its metabolites, 4[(1ethylpropyl)amino]2 methyl35dinitrobenzyl alcohol in or on various commodities. This document is being issued to correct the amendatory language.

SUMMARY: Pendimethalin,

SUPPLEMENTAL INFORMATION

A. Does this Action Apply to Me?

The Agency included in the final rule a list of those who may be potentially affected by this action. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under the FOR FURTHER INFORMATION CONTACT.
B. How Can I Access Electronic Copies of this Document and Other Related Information?

In addition to using regulations.gov, you may access this Federal Register document electronically through the EPA Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr. II. What Does this Correction Do?

FR Doc. 079428 published in the Federal Register of May 16, 2007 (72 FR 27456) (FRL81202) is corrected to clarify the amendatory language to paragraph (a) of Sec. 180.361 as it appeared on page 27460 of the final rule.

III. Why is this Correction Issued as a Final Rule?

Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the Agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this technical correction final without prior proposal and opportunity for comment, because the use of notice and comment procedures are unnecessary to effectuate this correction. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).
IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action?

No. This action only corrects the amendatory language for a previously published final rule and does not impose any new requirements. EPA's compliance with the statutes and Executive Order for the underlying rule is discussed in Unit VI. of the May 16, 2007, final rule (72 FR 27456).

V. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: November 2, 2007.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR part 180 is amended as follows:
PART 180[AMENDED]
1. The authority citation for part 180 continues to read as follows:

Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.361 is amended in paragraph (a) in the table by removing ``Bean, lima, seed''; ``Bean, lima, succulent''; and ``Pea, succulent''; by revising ``Bean, forage'' and ``Bean, hay''; and by alphabetically adding ``Beans'' and ``Peas (except field peas)'' to read as follows:
Sec. 180.361 Pendimethalin; tolerances for residues.
(a) General. * * *
Commodity Parts per million * * * * *
Beans................................................ 0.10 Beans, forage........................................ 0.10 Beans, hay........................................... 0.10 * * * * *
Peas (except field peas)............................. 0.10 * * * * *
* * * * *
[FR Doc. E722354 Filed 111507; 8:45 am]
BILLING CODE 656050S

FOR FURTHER INFORMATION CONTACT Phillip V. Errico, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460 0001; telephone number: (703) 3056663; email address:
errico.phillip@epa.gov.